ORIENTAL INSURANCE COMPANY LTD. Vs. CHAMPA DEVI

JUDGEMENT

(1.) This appeal has been filed against award dated 12.8.2011 passed in M.A.C. RBT/FTC No. 18-R/2 of 2008/05 by the Motor Accident Claims Tribunal, Fast Track Court, Shimla, Camp at Rohru whereby appellant insurance company has been directed to pay amount of compensation amounting to Rs. 3,43,400.00 with interest @ 9% per annum from date of petition till realization with costs assessed at Rs. 5000.00 to claimants-respondents No. 1 to 4 with right to recover the same from respondent No. 5 owner of the vehicle involved in the accident.

(2.) I have heard learned counsel for appellant as well as counsel representing claimants-respondents No. 1 to 4. Owner and driver of vehicle involved in accident i.e. respondents No. 5 and 6 have been duly served, but for no representation on their behalf, they have been proceeded ex parte.

(3.) Award has been assailed on two counts. First, the person driving the truck involved in accident, at the time of incident, was not in possession of a valid and effective driving licence to drive the said vehicle. Second, there was no valid and effective insurance of the truck, existing between appellant company and owner of vehicle respondent No. 5 for the reason that premium cheque issued to have insurance of the vehicle in question was dishonoured much prior to date of accident and intimation regarding cancellation of policy, on account of dishonour of cheque, was sent to respondent No. 5 owner of the vehicle as well as to the concerned Registering and Licencing Authority (in short R & LA) through registered letter.